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HomeMy WebLinkAboutPatterson Brothers Lighting Inc; 2018-04-27; PWL18-137GSPWL18-137GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Carlsbad Blvd South of Mountain View Knockdown Street light Pole Replacement This letter will serve as an agreement between Patterson Brothers Lighting, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor to replace one (1) light pole, mast arm and foundation, per Exhibit A and City specifications, for a sum not to exceed three thousand seven hundred fifty dollars ($3,750). This work is to be completed within twenty (20) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII",; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, .overnment Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ' init _____ init 6. The Contractor hereby acknowledges that debannent by another jurisdictio~.~ grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. init ___ init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Carlsbad Blvd South of Mountain View Knockdown Street Pole Replacement -1-City Attorney Approved 2/29/2016 PWL18-137GS 8. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Clayton Dobbs, 760-434-2980 Contractor Contact: Kyle Patterson, 619-390-2875 CONTRACTOR Patterson Brothers Lighting Inc., a California corporation PO Box 2037 Lakeside, CA, 92040 P: 619-390-2875 Kyle@pattersonbrotherslighting.com (print narrfe/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Dated: //11J~ Elaine Lukey / ~c Works Director as authorized by the City Manager (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Deputy City Attorney Carlsbad Blvd South of Mountain View Knockdown Street Pole Replacement - 2 -City Attorney Approved 2/29/2016 PWL18-137GS EXHIBIT A Carlsbad Blvd South of Mountain View Knockdown Street Pole Replacement Contractor will provide all labor, equipment and materials necessary to install new street light pole, mast arm and foundation at Carlsbad Blvd South of Mountain View (City of Carlsbad Hansen Work Order 510973). Pour new foundation cap and return pole to operation as needed. City of Carlsbad to provide photocell and fixture. Contractor to provide pole, arm and traffic control as needed. All work shall be performed in accordance with the City of Carlsbad's Engineering Standards, the 2015 Standard Specifications for Public Works Construction (Greenbook), 2010 Caltrans Standard plans, Caltrans Specifications and California MUTCD. SCOPE OF WORK AND FEE DESCRIPTION Replacement of one (1) light pole, mast arm repair foundation *Includes taxes, fees, expenses and all other costs. Carlsbad Blvd South of Mountain View Knockdown Street Pole Replacement - 3 - PRICE $3,750 TOTAL $3,750 City Attorney Approved 2/29/2016 PATTBRO-01 MEGANSEITZ ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 9/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: NFP Property & Casualty Services, Inc. Fi:Jg,NJo, Ext): (858) 869-8300 I rie~. No):(858) 869-8301 6165 Greenwich Dr Suite 200 San Diego, CA 92122 E-MAIL ADDRESS: INSURERISI AFFORDING COVERAGE NAIC# INSURER A : James River Insurance Co 12203 INSURED INSURER B : Nationwide Mutual Ins Co 23787 Patterson Brothers Lighting, Inc. INSURER c: State Como Ins Fund of CA 35076 P.O. Box 2037 INSURER D: Lakeside, CA 92040 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1rt: TYPE OF INSURANCE ~~JlnL ~.';(~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ ~ CLAIMS-MADE [!] OCCUR DAMAGE TO RENTED 50,000 X 000674452 07/01/2017 07/01/2018 PREMISES /Ea occurrence\ $ ~ MED EXP /Anv one oersonl $ 1,000 ~ PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =7 POLICY [!] ~f8r D Loc PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ 8 ~TOMOBILE LIABILITY (E~~~b~~~llNGLE LIMIT $ 1,000,000 X ANY AUTO ACP3027201492 07/01/2017 07/01/2018 BODILY INJURY /Per oersonl $ OWNED -SCHEDULED ~ AUTOS ONLY ~ AUTOS BODILY INJURY /Per accident\ $ HIRED ~8fo~~1~ 1i!l,f~2c~d1Jit~AMAGE $ -AUTOS ONLY - $ ~ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ C WORKERS COMPENSATION XI ~ffTuTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N X 913647017 07/01/2017 07/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is requiredh The City of Carlsbad is an additional insured, as required by written contract with the named insured, per the attac ed CG2010 07 04 and CG2037 07 04 forms regards to General Liability. Waiver of Subrogation applies per the attached SCIF 10217 in regards to Workers Compensation. Blanket forms apply as required by written contract with the named insured. Should any of the required policies be cancelled before the expiration date thereof, we will mail 30 days written notice to the City of Carlsbad/CMWD. *THIS CERTIFICATE CANCELS AND SUPERSEDES THE CERTIFICATE PREVIOUSLY ISSUED ON 09/05/17 .* CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE I ~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 000674452 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Oraanization(s): tions Where required by written contract or written agree-All operations of the Named Insureds ment Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 07 04 Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products-completed operations hazard". © ISO Properties, Inc., 2004 Page 1 of 1 D POLICY NUMBER: 000674452 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the Named Insureds Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 D STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY •::-,_ l".1 -::: •..J ~ ... T I ~' "• I r _ I_ ~ ,,.. •.., _ E FUN HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE JULY 1, 2017 AT 12.01 A.M. AND EXPIRING JULY 1, 2018 AT 12.01 A.M. PATTERSON BROTHERS LIGHTING, INC PO BOX 2037 LAKESIDE, CA 92040 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE, THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FRON US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.001 OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9136470-17 RENEWAL NA 3-32-60-78 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TEAMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~~ JUNE 29, 2017 IL~ di~ PRESIDENT AND CEO 2572 SCIF FORM 10217 lREV.7-20141 OLD DP 217 1